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Taking advantage of the elderly

Discussion in 'Other Family Law Matters' started by Thatsameroad, May 17, 2017.

  1. Thatsameroad

    Thatsameroad Law Topic Starter New Member

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    Jurisdiction:
    West Virginia
    My 83 year old mother was taken advantage of in order for a sister to buy a car in my mothers name, then let it be repocessed, then turn around and buys a second one leading my mother to believe that she was co-signing on (actually she was the one buying the vehicle) the contract. The same sister has taken my my mother and gotten a personal loan and now now lived up to the contract on it. Two vehicles with a total of $23,000.00 dollars loan against them and a personal loan contract that has not been completed. My mother has no understanding of what she has gotten herself into, but she is now financially ruined. I'm her legal full power of attorney now, because of this ordeal, but is there anything that I can do to protect my mother?
     
  2. army judge

    army judge Super Moderator

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    Your mother is presumed to be competent to contract as long as she's an adult, and not ruled mentally incompetent.

    Your POA is useless, insofar as speaking for your mother, such as a parent for a child.

    You'll never recover the money your sibling is alleged to have obtained.

    You can seek to be declared your mother's legal guardian.

    If that's what you believe is required, hire a lawyer.

    HINT: It's NOT a DIY task.
     
  3. mightymoose

    mightymoose Moderator

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    Have you reported this to local law enforcement? Depending on the language of your state laws regarding elder abuse this could be a significant criminal offense.

    Elder abuse cases are taken very seriously. Many agencies have special investigators to handle these cases.
     
    Last edited: May 17, 2017
  4. mightymoose

    mightymoose Moderator

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    Here you go... if you haven't seen it already:

    §61-2-29b. Financial exploitation of an elderly person, protected person or incapacitated adult; penalties; definitions.

    (b) Any person who financially exploits an elderly person, protected person or an incapacitated adult in the amount of $1,000 or more is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000 and imprisoned in a state correctional facility not less than two nor more than twenty years.

    (c) Any person convicted of a violation of this section shall, in addition to any other penalties at law, be subject to an order of restitution.

    (d) In determining the value of the money, goods, property or services referred to in subsection (a) of this section, it shall be permissible to cumulate amounts or values where such money, goods, property or services were fraudulently obtained as part of a common scheme or plan.

    (g) Any person or entity that in good faith reports a suspected case of financial exploitation pursuant to this section is immune from civil liability founded upon making that report.

    (h) For the purposes of this section:

    (2) "Elderly person" means a person who is sixty-five years or older;

    (3) "Financial exploitation" or "financially exploit" means the intentional misappropriation or misuse of funds or assets of an elderly person, protected person or incapacitated adult, but shall not apply to a transaction or disposition of funds or assets where the accused made a good-faith effort to assist the elderly person, protected person or incapacitated adult with the management of his or her money or other things of value; and
     
  5. mightymoose

    mightymoose Moderator

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